HomeMy WebLinkAboutFederal and State Third-Party Contract ProvisionsEXHIBIT B
• Appendix A
FEDERAL AND STATE THIRD-PARTY CONTRACT PROVISIONS
(Revised 11/03/97)
CDBG-ASSISTED PROFESSIONAL SERVICES CONTRACTS
(Required by Title 24 of the Code of the Federal Register as well as other selected contract provisions
required by the Office of Community and Rural Affairs for CDBG-assisted grants/activities )
The following Federal Regulations, Contract Provisions and Clauses are incorporated into this agreement
in their entirety, and made an integral part hereof.
Equal Employment Opportunity (Executive Order 11246 dated 9124/65, as amended by
Executive Order 11375 dated 10/13/67):
The contractor hereby agrees that it will incorporate or cause to be incorporated into any contract for
professional services, or modification thereof, as defined in the regulations of the Secretary of Labor
at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the federal
government or borrowed on the credit of the federal government pursuant to a grant, contract, loan
insurance or guarantee or undertaken pursuant to any federal program involving such grant, contract,
loan insurance or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows
A. The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without regard
to their race, color, religion, sex or national origin. Such action shall include, but not be limited to
• the following: employment, upgrading, demotion or transfer; .recruitment or recruitment
advertising; layoff or termination; rate of pay or other forms of compensation; and selection for
training, including apprenticeship: The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination.
B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants will receive considerations for employment without
regard to race, color, religion, sex or national origin.
C. The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
D. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as
amended by Executive Order 11375, and with the rules, regulations and relevant orders of the
Secretary of Labor.
E. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965 and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations and orders.
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F. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations or orders, this contract may be canceled, terminated or
suspended in whole or in part and the contractor may be declared ineligible for further government
contracts or federally assisted construction contracts in accordance with procedures authorized in •
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
G. The contractor will include the portion of the sentence immediately preceding paragraph A and the
provisions of paragraphs A through G in every subcontract or purchase order unless exempted by
rules; regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for non-compliance: Provided, however, that in the event a contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request the United States to enter
into such litigation to protect the interests of the United States.
H. The contractor further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted construction
work: Provided, that if the applicant so participating is a state or local government, the above
equal opportunity clause is not applicable to any agency, instrument or subdivision of such
government which does not participate in work on or under the contract.
The contractor agrees that it will assist and cooperate actively with the administering agency and
the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor,
that it will furnish the administering agency and the Secretary of Labor such information as they
may require for the supervision of such compliance, and that it will otherwise assist the •
administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The contractor further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred
from, or who has not demonstrated eligibility for, government contracts and federally assisted
construction contracts pursuant to the executive order and will carry out such sanctions and
penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart
D of the executive order. In addition; the applicant agrees that if it fails or refuses to comply with
these undertakings, the administering agency may take any or all of the following actions: Cancel,
terminate or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain
from extending any further assistance to the applicant under the program with respect to which
the failure or refund occurred until satisfactory assurance of future compliance has been received
from such applicant; and refer the case to the Department of Justice for appropriate proceedings.
2. Minority and Women Business Enterprise Policy (Office of Community and Rural Affairs):
The contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part
23 have the maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds provided under this agreement. In this regard all
recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR
Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete
for and perform contracts. The contractor shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of this contract. The contractor shall establish and
pursue a 10% goal for participation in the proceeds of this contract.
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During the performance of this contract, the contractor agrees to comply with Executive Order 12138
entitled "Women Business Enterprise Policy" which includes, but is not limited to, creating or
• supporting new programs responsive to the special needs of women business enterprises,
establishing incentives to promote business or business-related opportunities of women business
enterprises, collecting and disseminating information in support of women business enterprise in
ensuring to women business enterprises knowledge of any ready access to business-related services
and resources.
3. Compliance in the Provision of Training, Employment and Business Opportunities:
A. The work to be performed under this contract is on a project assisted under a program providing
direct federal financial assistance from the Department of Housing and Urban Development
through the Office of Community and Rural Affairs and is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 USC, 1701 u. Section 3
requires that to the greatest extent feasible, opportunities for training and employment be given to
lower income residents of the project area and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial part by persons
residing in the area of the project.
B. The parties to this contract will comply with the provisions of said Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR
135, and all applicable rules and orders of the Department issued thereunder prior to the
execution of this contract. The parties to this contract certify and agree that they are under no
contractual or other disability which would prevent them from complying with these requirements.
C. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all
applicable rules and orders of the Department issued hereunder prior to the execution of the
contract, shall be a condition of the federal financial assistance provided to the project, binding
upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill
• these requirements shall subject the applicant or recipient, its contractors and subcontractors, its
successors and assigns to those sanctions specified by the grant or loan agreement or contract
through which federal assistance is provided, and to such sanctions as are specified by 24 CFR
Part 135.
4. Title VI Civil Rights Act of 1964:
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor"), agrees as follows:
A. The contractor, with regard to the work performed by it during the contract, shall not discriminate
on the grounds of race, color, sex or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of
the Regulations, including employment practices.
B. In all solicitations either by competitive bidding or negotiation made by the contractor for work to
be performed under a subcontract, including procurements of materials or leases of equipment,
each potential sub-contractor or supplier shall be notified by the contractor of the contractor's
obligations under this contract and the regulations relative to nondiscrimination on the grounds of
race, color, sex, or national origin.
C. The contractor shall provide all information and reports required by the Regulations or directives
issued pursuant thereto, and shall permit access to its books, records, accounts, their sources of
information and its facilities as may be determined by the Office of Community and Rural Affairs •
or the United States Department of Housing and Urban Development to be pertinent to ascertain
compliance with such regulations, orders and instructions. Where any information is required or a
contractor is in the exclusive possession of another who fails or refuses to furnish this information,
the contractor shall so certify to the awarding agency, the Office of Community and Rural Affairs,
or the United States Department of Housing and Urban Development, as appropriate, and shall
set forth what efforts it has made to obtain the information.
D. In the event of the contractor's noncompliance with the nondiscrimination provisions of this
contract, the Office of Community and Rural Affairs or the United States Department of Housing
and Urban Development shall impose such contract sanctions as it may determine to be
appropriate, including, but not limited to:
(1) Withholding of payments to the contractor under the contract until the contractor complies;
and/or,
(2) Cancellation, termination or suspension of the contract, in whole or in part.
E. The contractor shall include the provisions of paragraph (A) through (E) in every subcontract,
including procurements of materials and leases of equipment, unless exempt by the Regulations,
or directives issued pursuant thereto. The contractor shall take such action with respect to any
subcontract or procurement as the Office of Community and Rural Affairs or the United States
Department of Housing and Urban Development may direct as a means of enforcing such
provisions including sanctions for noncompliance; provided, however, that in the event the
contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as
a result of such direction, the contractor may request the Office of Community and Rural Affairs to
enter into such litigation to protect the interests of the State of Indiana, and, in addition, the
contractor may request the United States Department of Housing and Urban Development to
enter into such litigation to protect the interests of the United States. •
5. Title VIII Civil Rights Acts of 1968 (as applicable):
The contractor shall comply with Title VIII Civil Rights Acts of 1968 which prohibits discrimination in
the sale or rental of dwellings (as defined), discrimination in the financing or housing, blockbusting,
and discriminatory advertising; and makes it unlawful to deny any person access to, or membership
or participation in, any multiple listing service or real estate broker organization for discriminatory
reasons.
6. Section 109 Housing and Urban Development Act of 1974 (as applicable):
The contractor provides that no person in the United States shall on the grounds of race, color,
national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part under this title.
7. Section 504 Rehabilitation Act of 1973:
A. The contractor will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. The contractor. agrees to take affirmative action to employ, advance in
employment and otherwise treat qualified handicapped individuals without discrimination based
upon their physical or mental handicap in all demotion or transfer, recruitment, advertising, layoff
or termination rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
B. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary
of Labor issued pursuant to the Act.
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C. In the event of the contractor's non-compliance with the requirements of this clause, actions for
non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the
• Secretary of Labor issued pursuant to the Act.
D. The contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the Office of Community and Rural Affairs,
provided by or through the contracting officer. Such notices shall state the contractor's obligation
under the law to take affirmative action to employ and advance in employment qualified
handicapped employees and applicants for employment, and the rights of applicants and
employees.
E. The contractor will notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the contractor is bound by
the terms of Section 504 of the Rehabilitation Act of 1973, and is committed to take affirmative
action to employ and advance in employment physically and mentally handicapped individuals.
F. The contractor will include the provisions of this clause in every subcontract or purchase order of
$2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant
to Section 504 of the Act, so that such provisions will be binding upon each subcontractor with
respect to any subcontract or purchase order as the Director of the Office of Federal Contract
Compliance Programs may direct to enforce such provisions, including action for non-compliance.
8. Fair Housing Amendments Act of 1988 (as applicable):
The contractor shall comply with Fair Housing Amendments Act of 1988 which Amends Title VIII of
the Civil Rights Act of 1968 that prohibits discrimination on the basis of race, color, religion, sex or
national origin in the sale, rental and financing of dwellings. The 1988 Amendments Act extends
coverage of the 1968 Act to persons with disabilities and families with children. In addition, the 1988
Amendments establish certain design and construction requirements for new multi-family housing built
for first occupancy on or after March 13, 1991.
• 9. Age Discrimination Act of 1975:
The contractor shall comply with the Age Discrimination Act of 1975 which provides that no person, on
the basis of age shall be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
10. Americans With Disabilities Act of 1990:
The contractor shall comply with the Americans With Disabilities Act of 1990 which provides that no
person, on the basis of handicap, shall be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving federal financial assistance.
11. Certification of Non-segregated Facilities:
The contractor certifies that he/she does not maintain or provide for his/her employees any
segregated facility at any of his/her establishments, and those under his/her control. He/she certifies
further that he/she will not maintain or provide for employment segregated facilities at any of his/her
establishments, and he/she will not permit employees to perform their services at any location under
his/her control where segregated facilities are maintained. The contractor agrees that a breech of this
certification is a violation of the Equal Opportunity Clause of the contract. As used in this certification,
the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms,
restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation and housing facilities provided for employees which are segregated by explicit directive
or in fact segregated on the basis of race, color, religion or national origin because of habit, local
custom, or otherwise. He/she further agrees that (except where he/she has obtained identical
certifications from proposed subcontractors for specific time periods) he/she will obtain identical
certification from proposed subcontractors prior to the awards of subcontracts exceeding $10,000
which are not exempt from the provisions of the Equal Opportunity Clause; that he/she will retain such
certification in his/her files; and that he/she will forward this notice to such proposed subcontractors
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(except where proposed subcontractors have submitted identical certifications for specific time
periods).
12. Retention and Access Requirements For Records (24 CFR Part 85.42): •
A. The contractor shall comply with Retention and Access Requirements For Records (24 CFR Part
85.42) and State of Indiana records access and retention requirements, to wit:
Financial records, supporting documents, statistical records and all other records pertinent to a
grant shall be retained for a period of five (5) years, with the following qualifications:
(1) If any litigation, claim, negotiation, audits or other action is started before the expiration of the
five-year period, the records shall be retained until all litigation, claim or audit findings
involving the records have been resolved, or the five-year period, whichever is later.
(2) Records of non-expendable property acquired with federal funds shall be retained for five
years after final disposition of such property.
(3) When records are transferred to or maintained by the federal sponsoring agency, the five-year
retention required is not applicable to the grantee.
B. The five-year retention period starts from the date of issuance of a "Certification of Completion"
respective to the grant by the Office of Community and Rural Affairs.
C. The Office of Community and Rural Affairs shall request transfer of certain records to its custody
from grantees when it is determined that the records possess long-term retention value.
However, in order to avoid duplicate record-keeping, the Office of Community and Rural Affairs
may make arrangements with grantees to retain any records that are continuously needed forjoint
uses.
D. The Office of Community and Rural Affairs, the United States Department of Housing and Urban
Development, and the Comptroller General of the United States, or any of their duly authorized •
representatives, shall have access to any pertinent books, documents, papers and records of
grantee and sub-grantees to make audits, examinations, excerpts and transcripts.
E. Unless otherwise required by law, Office of Community and Rural Affairs shall not place
restrictions upon grantees that will limit public access to the records of grantees that are pertinent
to a grant except when the agency can demonstrate that such records must be kept confidential
and would have been excepted from disclosure pursuant to the Freedom of Information Act (5
USC 552) if the records had belonged to the grantor agency.
13. Conflict of Interest (24 CFR 85.36 and 24 CFR 570.611):
The contractor shall maintain a written code or standards of conduct which shall govern the
performance of their officers, employees or agents engaged in the award and administration of
contracts supported by federal funds. No employee, officer or agent of the grantee shall participate in
selection, or in the award or administration of a contract supported by federal funds if a conflict of
interest, real or apparent, would be involved. Persons covered under this section include any person
who is:
(a) An employee, agent, consultant, officer, or elected or appointed official of the grantee, any
designated public agency or any sub-recipient agency that is receiving CDBG funds from the
Office of Community and Rural Affairs;
(b) Any member of his/her immediate family;
(c) His or her partner; or
(d) An organization which employs, or is about to employ, any of the above, has a financial or
other interest in the firm selected for award.
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The contractor's officers, employees or agents shall neither solicit nor accept gratuities, favors or
anything of monetary value from contractors, potential contractors, or parties to sub-agreements
• funded with CDBG funds. To the extent permitted by state or local law or regulations, such standards
of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such
standards by the grantee's officers, employees, or agents or by contractors or their agents.
No persons described in (a) through (d) above who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a
decision-making process or gain inside information with regard to such activities, may obtain a
financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement
with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted
activity, either for themselves or those with whom they have business or immediate family ties, during
their tenure or for a period of one (1) year thereafter.
14. Remedies/Sanctions or Breach of Contract Terms:
Upon written notice, the grantee may withhold payments to the contractor if the contractor shall fail to
fulfill in a timely and proper manner its obligations to grantee under this contract, or if the contractor
shall violate any of the conditions of this contract. The grantee shall in its written notice to contractor
fully describe the nature of failure or violation by contractor, the corrective action required of
contractor, and, the grantee shall allow the contractor thirty (30) days from the date of notification to
correct such failure and/or violation. If such failure or violation is corrected by the contractor within
thirty (30) days from the date of notification, then the grantee shall process payment(s) to the
contractor. If such failure or violation is not corrected within thirty (30) days from the date of this
notification, then the grantee may proceed to terminate this contract.
15. Termination of Contract for Cause - 24 CFR 85.43 (All Contracts in Excess of $10,000):
If the contractor shall fail to fulfill in a timely and proper manner his/her obligations under this contract,
or if the contractor shall continue to violate any of the covenants, agreements, or stipulations of this
contract, following notices by the grantee and allowances for corrective actions specified in Paragraph
• 14 above, the grantee shall thereupon have the right to terminate this contract by giving written notice
to the contractor of such termination and specifying the effective date thereof, at least thirty (30) days
before the effective date of such termination. In such event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, models, photographs and reports prepared by the contractor
under this contract shall, at the option of the grantee, become the property of the grantee and the
contractor shall be entitled to receive just and equitable compensation for any work satisfactorily
completed hereunder. In the event the contractor disputes grantee's election to terminate this
contract for cause under this paragraph, contractor may pursue equitable relief or remedy.
16. Termination for Convenience - 24 CFR 85.44 (All Contracts in Excess of $10,000):
The grantee may terminate this contract for its convenience, at any time, by giving at least thirty (30)
days notice in writing to the contractor. If the contract is terminated by the grantee as provided herein,
the grantee agrees to pay the contractor, no later than thirty (30) days following the date of the written
notice of contract termination by grantee. In such event, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs and reports prepared by the contractor under
this contract shall, at the option of the grantee, become the property of the grantee and the contractor
shall be entitled to receive just and equitable compensation for any work satisfactorily completed
hereunder.
17. Changes to Contract:
The terms and conditions of this contract may be changed at any time by mutual agreement of the
parties. Such modification shall be effective upon the signing by both parties of an addendum to this
contract encompassing those changes. Where the addendum changes the compensation or time of
performance, it shall also describe the change in scope, character or complexity of the work that is the
basis for the change.
18. Contractor to Furnish Necessary Personnel Resources:
A. The contractor represents that it has, or will secure at its own expense, all personnel required in •
performing the services specified in this contract. Such personnel shall not be employees of or
have, as individuals, any contractual relationship with the grantee.
B. All of the services required hereunder will be performed by the contractor or under its supervision
and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted
under State and Local law to perform such services.
C. With the exception of the work described as being subcontracted within the contract, if any, none
of the work or services covered by this contract shall be subcontracted without the prior approval
of the grantee. Any additional work or services subcontracted hereunder shall be specified by
written contract or agreement and shall be subject to each provision of this contract.
19. Reports and Information:
The contractor, at such times and in such forms as the grantee or the Office of Community and Rural
Affairs may require, shall furnish grantee and/or the Office of Community and Rural Affairs such
periodic reports as it may request pertaining to the work or services undertaken pursuant to this
contract, the costs and obligations incurred or to be incurred by grantee in connection therewith, and
any other matters covered by this contract.
20. Records and Audits:
The contractor shall maintain accounts and records, including personnel, property and financial
records, adequate to identify and account for all costs pertaining to this contract and such other
records as may be deemed necessary by the grantee to assure proper accounting for all funds
applicable to this contract. These records will be made available for audit purposes to the grantee or
any authorized representative, and will be retained for five years after the expiration of this contract
unless permission to destroy them is granted. •
21. Copyright and Patent Rights:
No reports, maps, or other documents produced in whole or in part under this contract shall be the
subject of an application for copyright by or on behalf of the contractor. The US Department of
Housing and Urban Development, the Office of Community and Rural Affairs and the grantee shall
possess all rights to invention or discovery, as well as rights in data which may arise as a result of the
contractor's services.
22. Compliance with State and Local Laws:
The contractor specifically agrees that in performance of the services herein enumerated, contractor
and his/her employees/agents will comply with any applicable State, and Local Statutes, ordinances
and regulations at the time this agreement is executed.
23. Disclosure Reports (HUD Reform Act of 1989 - 24 CFR Part 4.11):
Section 2 of the HUD Reform Act of 1989 requires that if the grantee receives $200,000 or more in
federal CDBG funds during a federal fiscal year, (October 1 -September 30), a HUD disclosure report
must be completed for each contract funded in whole or in part with federal CDBG funds. A copy of
all such Disclosure Reports must be submitted by the grantee to the Grants Management Office of the
Office of Community and Rural Affairs within ten (10) days after contract execution. In order for the
grantee to comply with this federal requirement, the grantee will provide to the contractor the
prescribed format of Part IV to the HUD Disclosure Report, and the contractor agrees to furnish the
grantee a completed Part IV to the HUD Disclosure Report within seven (7) days of execution of the
agreement between contractor and grantee. Within such Part IV of the prescribed HUD Disclosure
Report, the contractor will provide the grantee with the following minimum information:
a. The name of all persons who are proprietors, partners, directors or officers of the contractor and
thereby have a pecuniary interest in the proceeds of the CDBG-assisted contract;
• b. The social security account number of all proprietors listed in a. above, or the federal identification
number of the partnership or corporation which is subject to the CDBG-assisted contract, as
applicable;
c. The type of participation each individual named in a. above will have in the CDBG-assisted
contract. Such participation may be listed in the Part IV of the HUD Disclosure Report as "direct",
or "passive", whichever applies to such proprietor, partner, director or officer, as applicable; and,
d. The financial interest of the named individual as set forth in a. above; such interest to be
expressed in dollar terms or in terms of percentage of ownership of the proprietorship,
partnership, or corporation which is to received federal CDBG funding under this contract.
24. Compliance with Copeland "Anti-Kick Back" Act:
In carrying out this agreement, the contractor agrees to comply with the requirements of the Copeland
"Anti-Kick Back" Act (18 USC 874) as supplemented in US Department of Labor regulations 29 CFR
Part 3, respective to all contracts and sub-grants for construction or repair services.
25. Compliance with Davis-Bacon Act:
In carrying out this agreement, the contractor agrees to comply with the requirements of the Davis-
Bacon Act (40 USC 276a to 276a-7) as supplemented in US Department of Labor regulations 29 CFR
Part 5, respective to construction contracts in excess of $2,000 awarded by grantees and sub-
grantees.
26. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act:
In carrying out this agreement, the contractor agrees to comply with the requirements of the Contract
Work Hours and Safety Standards Act (40 USC 327-330) as supplemented in US Department of
Labor regulations 29 CFR Part 5, respective to construction contracts in excess of $2,000 awarded by
grantees and sub-grantees, and $2,500 for other contracts which involve the employment of
mechanics or laborers.
• 27. Compliance with Clean Air and Water Acts (applicable to all contracts over $100,000):
In carrying out this agreement, the contractor agrees to comply with the requirements of Section 306
of the Federal Clean Air Act (42 USC 1857(h)), section 508 of the Clear Water Act (33 USC 1368),
Executive Order 11738, and the Environmental Protection .Agency regulations (40 CFR Part 15)
respective to all contracts in excess of $100,000 awarded by grantees and sub-grantees. Such
statutes and regulations prohibit the use under non-exempt Federal contracts, grants or loans of
facilities included on the Environmental Protection Agency's List of Violating Facilities. The provision
shall require reporting of violations to the grantor agency and to the US Environmental Protection
Agency.
28. Conservation:
In carrying out this agreement, the contractor agrees to comply with the requirements of mandatory
standards and policies relating to energy efficiency which are contained in the State of Indiana's
energy conservation plan issued in compliance with the federal Energy Policy and Conservation Act
(PL 94-163, 89 Statutes 871).
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